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| The sheriff or chief of police in possession of the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(B)(D) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record. The court, after hearing, shall order that the vehicle be forfeited to the sheriff or chief of police and sold in the manner provided in this section, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that:
(1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or
(2) the owner of record did not know that the driver had no valid driver's
license. Otherwise, the court shall order the vehicle forfeited. Forfeiture of
a vehicle is subordinate in priority to all valid liens and encumbrances.
Amend title to conform.
Rep. CROMER explained the amendment.
Reps. HASKINS, MOODY-LAWRENCE, RHOAD, STODDARD, J. WILDER, GOVAN and J. BROWN objected to the Bill.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 15, which was adopted.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO
CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED
NATURE
AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO
PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL
DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND
EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION
CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO
TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC
TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE
DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO
INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER"
"PERSONS COHABITATING OR FORMERLY COHABITING".
The following Bill was taken up:
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Reps. DAVENPORT and KELLEY objected to the Bill.
Debate was resumed on Amendment No. 16, which was proposed on Wednesday, March 2, by Rep. FAIR.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\GJK\20426SD.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4.(B)(2)(b) which begins on line 37, page 4, and inserting:
/(b) integrate instruction in academic and occupational courses to ensure a rigorous, relevant, and academic curriculum;/
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\GJK\20427SD.94), which was adopted.
Amend the bill, as and if amended, in SECTION 5.(B) by adding after /1996-97/ as contained on line 33, page 5, /. If this change will cause a hardship, schools may be granted a waiver from eliminating the general track in the manner established by the State Board of Education;/
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\GJK\20428SD.94), which was adopted.
Amend the bill, as and if amended, in SECTION 6.(B), page 6, by adding at the end of the subsection the following:
/Accountability measures shall not jeopardize the independent standing of the school district nor the district board of trustee's legal responsibility to govern./
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Amend the bill, as and if amended, in SECTION 8.(B), page 7, by adding at the end of the subsection the following: /The State Board of Education must also certify that the texts being used in applied academic courses contain equivalent content as the texts for similar subject matter in precollege courses./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. McTEER moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Barber Breeland Byrd Carnell Cobb-Hunter Farr Gamble Harris, J. Harris, P. Harvin Harwell Haskins Hines Houck Inabinett Jennings Keegan Kennedy Keyserling Kinon Kirsh Law Mattos McAbee McCraw McKay McMahand McTeer Neal Neilson Phillips Rhoad Richardson Robinson Scott Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tucker Waldrop Whipper Wilder, D. Wilder, J. Wilkes Williams Worley
Allison Brown, H. Cato Chamblee Corning Davenport Delleney Fair Fulmer Hallman Harrell Hutson Klauber Koon Lanford Littlejohn Marchbanks McLeod Meacham Moody-Lawrence Sharpe Simrill Stone Sturkie Thomas Trotter Walker Wells Wilkins Witherspoon Wofford
So, the amendment was tabled.
Rep. FAIR proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\GJK\20441SD.94), which was adopted.
Amend the bill, as and if amended, in SECTION 3. by adding a new item (5) to read:
/(5) "School based enterprise" means a business activity at school whose participants are primarily students. Additionally, the activity must be sanctioned by the local school board of trustees as being an appropriate activity for the students and an activity that is academically beneficial./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Barber Boan Byrd Carnell Farr Gamble Harris, J. Harris, P. Hines Holt Houck Inabinett Jennings Kennedy Kinon Kirsh Law
McAbee McCraw McKay McMahand Neal Phillips Rhoad Robinson Rogers Scott Sheheen Shissias Spearman Stille Stoddard Stuart Townsend Trotter Waites Waldrop Wilder, D. Wilder, J. Wilkes Williams
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baxley Beatty Breeland Brown, H. Cato Chamblee Cobb-Hunter Corning Davenport Delleney Fair Fulmer Govan Hallman Harrell Harvin Haskins Hutson Keegan Kelley Keyserling Koon Lanford Littlejohn Marchbanks Meacham Moody-Lawrence Neilson Riser Rudnick Sharpe Simrill Smith, D. Smith, R. Snow Stone Thomas Vaughn Wells Whipper Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. FARR proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\GJK\20444SD.94), which was adopted.
Amend the Report of the Committee on Education and Public Works, as and if amended, in SECTION 7(A) by striking beginning on line 34, of page 4681-1
Amend title to conform.
Rep. HASKINS moved to reconsider the vote whereby Amendment No. 20 was tabled.
Rep. TOWNSEND moved to table the motion to reconsider, which was agreed to by a division vote of 54 to 36.
Rep. FAIR proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\GJK\20559SD.94).
Amend the bill, as and if amended, by striking SECTION 4(B)(1)(c) which begins on line 25 of page 4 and inserting:
/(c) an emphasis on the importance of individual achievement as a cornerstone upon which self-respect, academic, and personal success are founded./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. BOAN moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of Amendment No. 24, Rep. FAIR having the floor.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committee:
H. 4887 -- Reps. Hodges and Govan: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION OF CANDIDATES BY PRIMARY, SO AS TO REQUIRE THE GOVERNOR TO SELECT THE NOMINEE FOR LIEUTENANT GOVERNOR WITH THE SELECTION BEING RATIFIED BY A REPRESENTATIVE GROUP OF THE PARTY; TO AMEND SECTION 7-11-30, RELATING TO THE NOMINATION OF CANDIDATES BY CONVENTIONS, SO AS TO
Referred to Committee on Judiciary.
H. 4888 -- Reps. Hodges and Govan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
Referred to Committee on Judiciary.
H. 4889 -- Rep. Felder: A BILL TO PROVIDE THAT THE CALHOUN COUNTY SCHOOL DISTRICT SHALL BE GOVERNED AND MANAGED BY A BOARD OF TRUSTEES, THE NUMBER OF WHICH MUST BE THE SAME AS THE NUMBER OF MEMBERS COMPRISING THE CALHOUN COUNTY COUNCIL, PROVIDE FOR THE ELECTION OF THE SCHOOL TRUSTEES FROM SINGLE-MEMBER ELECTION DISTRICTS, PROVIDE FOR THE QUALIFICATIONS AND TERMS OF THE TRUSTEES AND FOR THE REAPPORTIONMENT OF THE TRUSTEES' ELECTION DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND PROVIDE FOR THE ELECTION OF TRUSTEES ON A NONPARTISAN BASIS AND FOR THE ANNUAL ELECTION OF THE SCHOOL BOARD'S CHAIRMAN; TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT
On motion of Rep. FELDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4890 -- Rep. Cromer: A BILL TO AMEND SECTION 41-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST RETALIATION BASED UPON AN EMPLOYEE'S INSTITUTION OF OR PARTICIPATION IN PROCEEDINGS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR THE RECOVERY OF PUNITIVE DAMAGES AGAINST AN EMPLOYER WHO VIOLATES THIS SECTION.
Referred to Committee on Judiciary.
The following was received.
March 2, 1994 Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4570, R-302, an Act: TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM. This veto is based upon an opinion of the Attorney General's Office dated March 1, 1994, the opinion states: The act bearing ratification number 302 of 1992 amends Act No. 67 of 1965, as amended, to provide that a vacancy on the governing body of
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